ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20190003594 APPLICANT REQUESTS: correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending on 26 November 2008 and 15 May 2010, to show his current legal name as "A_, Sh_ Mi_" instead of "A_, St_ Ma_." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 26 November 2008 * DD Form 214, dated 15 May 2010 * Certificate of Live Birth, Health Authority Center for Health Statistics, dated 4 February 2019 * General Judgment for Change of Name and Sex, Circuit Court of the County, Case Number , dated 13 December 2018 * Patient Amendment Request Form, dated 29 January 2019 * copy, Identification Card, United States Government – Army * copy, Social Security Administration card, dated 16 January 2019 * copy, driver's license, Oregon * DD form 2807-1 (Report of Medical history), dated 26 July 2007 * DD form 2808 (Report of Medical Examination), dated 26 July 2007 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he is a transgender man who changed his legal first name from "St_ to Sh_" and his legal middle name from "Ma_ to Mi_" in 2019, as evidenced in the court order for name change. The court order aligns his name with his gender identity. He believes the appearance of his old name as listed on his DD Form 214 is an injustice and discloses his transgender status every time he shows his DD Form 214. He contends it is an injustice due to the social stigma and discrimination that transgender people face. 3. The applicant's DD Forms 214 for the periods ending on 26 November 2008 and 15 May 2010 show his name as "A_, ST_ MA_" in item 1 (Name). 4. The applicant's military record is void of any documents which show his current legal name. 5. The applicant provides the following documents which show the name he request: * a court order which changed his legal first name from "St_ to Sh_," his legal middle name from "Ma_ to Mi_," and his sex to male on 13 December 2018 * Social Security Administration card * driver's license * identification card, United States Government – Army 6. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. A post-service name change does not retroactively create an error on the DD Form 214. However, the unique circumstances of transgender individuals may prevent or delay receipt of benefits for which these individuals must provide a DD Form 214 as proof of military service BOARD DISCUSSION: After review of the application and all evidence, the Board determined the evidence is sufficient to grant relief. The Board agreed that due to the unique circumstances of transgender personnel, the evidence provided indicates the applicant’s name change should be reflected on the DD Form 214. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Reissuing the applicant's DD Form 214 with the name in block 1 (Name (Last, First, Middle)) entered as it is shown on the applicant’s Circuit Court of County Judgment for Change of Name/Sex. b. No entries should be made in the remarks of the reissued DD Form 214, either listing the applicant's previous name or indicating the DD Form 214 was administratively reissued. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. Item 1 (Name) - compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). c. Item 18 (Remarks) - when a DD Form 214 is administratively issued or reissued, enter "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)." However, do not make this entry if the appellate authority, Executive Order, or Headquarters, Department of the Army, directs otherwise. d. The Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190003594 4 1